Murray

Alliance Bank v. Murray

Good Law
161 Cal. App. 3d 1·1984 Cal. App. LEXIS 2632·207 Cal. Rptr. 233
Court of Appeal of CaliforniaOctober 22, 1984No. B003692California4,008 words

Opinion

Lead Opinion

Thompson, J.

—Defendant Steven Murray (appellant) appeals from the default judgment entered subsequent to the court’s order striking defendant’s answer to the complaint and entering his default as sanctions for his wilful failure to attend two properly noticed depositions. (Code Civ. Proc., § 2034, subd. (d).) For reasons to follow, we affirm.

Factual Background

On March 15, 1982, appellant executed and delivered to respondent Alliance Bank (respondent) a promissory note for $92,000 due in full on June 15, 1982. Respondent unsuccessfully demanded payment on the note on June 15, 1982, and filed the instant complaint to recover the principal plus interest, attorney’s fees and costs, on December 15, 1982. Appellant’s answer was filed on March 21, 1983.

*4 On March 30, 1983, respondent served appellant with notice of appellant’s deposition for April 21, 1983. Appellant’s attorney of record, Thomas J. Flesher, in a letter to respondent’s attorney, Jerold S. Sherman, dated April 14, 1983, requested that the April 21 deposition be vacated or continued until the substitution of other counsel for respondent. Flesher claimed that a conflict of interest existed between appellant and Sherman…

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